Chrissie Cuming Walters explores the interrelationship between costs allowances and legal services orders ‘The difference between legal services orders and costs allowance orders is that the former is subject to the application of more stringent statutory principles while the latter remains open to wider judicial interpretation and discretion.’The terms ‘costs allowance order’ and ‘legal services …
Continue reading "Costs: A marriage of necessity?"
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Richard Adams examines the impact of the parties’ standard of living on interim maintenance and the broad-brush approach of the courts ‘Interim hearings are expensive and, as such, should be pursued only when, on a broad assessment, the court’s intervention is manifestly required.’Many family law practitioners will be familiar with the maintenance pending suit budget …
Continue reading "Maintenance Pending Suit: In excess"
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Richard Adams considers applications for legal services orders and the guidance available from the courts ‘When applying for a legal services order it is fundamental that such applications are only made to obtain costs to allow the applicant to obtain legal services in respect of ongoing and future proceedings.’ The decision of Mostyn J in …
Continue reading "Legal Services Orders: Setting boundaries"
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Vicki McLynn considers the question of the interests of third parties in financial remedy proceedings ‘When the family court is determining a dispute between a spouse and a third party it must be approached on the same basis as if it were being determined by the Chancery Division.’ The issue of third-party interests in financial …
Continue reading "Third Parties: To join or not to join?"
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James Copson considers the implications and practical consequences of the Supreme Court’s decision in Prest ‘Respondents and companies will be looking for ways of rebutting the presumption of a resulting trust – as is clear from Prest the weight of evidence will vary from case to case.’At first glance the Supreme Court ruling in Prest …
Continue reading "Financial Provision: Open and shut case?"
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David Lister looks at a recent Schedule 1 decision and compares and contrasts A v A costs allowances with the new legal services orders ‘A “costs allowance” is not a “costs order”, and so falls outside the provisions of the FPR 2010 that there will generally be no order as to costs.’ In the Schedule …
Continue reading "Legal Costs: Brave new world?"
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Graeme Fraser examines the complexities of applying strict proprietary principles to financial remedy cases when dealing with intervenors’ interests Compelling evidence is required to infer that (subsequent to the purchase of the property) the parties intended a change in the shares in which the beneficial ownership is held As the outlook for future growth in …
Continue reading "Intervenors: Shared interests"
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Ellie Foster and Pippa Hayden highlight the impact of third-party resources on maintenance pending suit The court had to understand the extent of financial support provided to the husband by his family and also to examine the extent to which payments had been made historically to the wife by, or via, that source. The recent …
Continue reading "Financial Provision: Interim measures"
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Frances Bailey examines criteria for a wasted costs order and best practice when adding a third party ‘The power to make a wasted costs order is a discretionary one and the court exercises that discretion both at the hearing, to show cause as to why a wasted costs order should not be made, and at …
Continue reading "Wasted Costs: Proceed with caution"
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Wills & Trusts Law Reports | April 2012 #118The husband (H) and the wife (W) were both 65, having married in 1980. There was one child of the marriage (C), aged 25. The former matrimonial home was Green Farm, a substantial property set in 72 acres in Kent. Trust assets fell to be divided following divorce.
In order to mitigate tax on the floatation of his company (ABC), two Jersey trusts were created by H in 1994 (No. 1 Trust and No. 2 Trust) and a company incorporated in the British Virgin Island called Giloch Investments Ltd (Giloch). No. 1 Trust was a discrertionary trust for a class of beneficiaries comprising H, W, C, ...
